THE CONCEPT OF THE POWERS OF THE PROSECUTOR IN THE EXERCISE OF PROSECUTORIAL SUPERVISION OF THE CRIMINAL PROCEDURAL ACTIVITIES OF THE BODIES OF INQUIRY

УДК 343.1 ББК 67.410.20

Abstract

The article deals with the issues of the concept of the powers of the prosecutor in the exercise ofprosecutorial supervision of the criminal procedural activities of the bodies of inquiry. The authors havecome to the following conclusions. The powers of a prosecutor in criminal proceedings are a set of his rightsand obligations provided for by criminal procedural norms aimed at implementing his functions in criminalproceedings in order to achieve his appointment. In essence the powers are a form of expression of the willof the prosecutor as a public authority. An important feature of the concept of «prosecutor’s authority» is thatit can be defined and established only in a law or other normative legal act that has binding force. Often in the special literature the concepts of powers and legal means of the prosecutor are interpreted as equivalent.In the opinion of the authors it is wrong to identify these concepts. The powers represent the rights of theprosecutor provided for by law. In fact these are the possibilities of the prosecutor regulated by law. Thepowers of the prosecutor are broader than legal means since they cover a larger range of prosecutorialactivities. As a final conclusion the authors define the powers of the prosecutor in the supervision of thecriminal procedural activities of the bodies of inquiry which is understood as the totality of his rights andobligations provided for by criminal procedural norms aimed at the implementation of his functions incriminal proceedings in order to achieve his appointment